49 Cfr 390.21

§ 390.21

49 CFR Ch. III (10–1–11 Edition)

shall file its update in every odd-numbered calendar year. If the next-to-last
digit of the USDOT Number is even,
the motor carrier or intermodal equipment provider shall file its update in
every even-numbered calendar year.
(c) Availability of forms. The forms described under paragraph (a) of this section and complete instructions are
available from the FMCSA Web site at
http://www.fmcsa.dot.gov
(Keyword
‘‘MCS–150,’’ or ‘‘MCS–150B,’’ or ‘‘MCS–
150C’’); from all FMCSA Service Centers and Division offices nationwide; or
by calling 1–800–832–5660.
(d) Where to file. The required form
under paragraph (a) of this section
must be filed with FMCSA Office of Information Management. The form may
be filed electronically according to the
instructions at the Agency’s Web site,
or it may be sent to Federal Motor Carrier Safety Administration, Office of
Information Management, MC–RIO,
1200 New Jersey Avenue, SE., Washington, DC 20590.
(e) Special instructions for for-hire
motor carriers. A for-hire motor carrier
should submit the Form MCS–150, or
Form MCS–150B, along with its application for operating authority (Form
OP–1, OP–1(MX), OP–1(NNA) or OP–2),
to the appropriate address referenced
on that form, or may submit it electronically or by mail separately to the
address mentioned in paragraph (d) of
this section.
(f) Only the legal name or a single
trade name of the motor carrier or
intermodal equipment provider may be
used on the forms under paragraph (a)
of this section (Form MCS–150, MCS–
150B, or MCS–150C).
(g) A motor carrier or intermodal
equipment provider that fails to file
the form required under paragraph (a)
of this section, or furnishes misleading
information or makes false statements
upon the form, is subject to the penalties
prescribed
in
49
U.S.C.
521(b)(2)(B).
(h)(1) Upon receipt and processing of
the form described in paragraph (a) of
this section, FMCSA will issue the
motor carrier or intermodal equipment
provider an identification number
(USDOT Number).
(2) The following applicants must additionally pass a pre-authorization

safety audit as described below before
being issued a USDOT Number:
(i) A Mexico-domiciled motor carrier
seeking to provide transportation of
property or passengers in interstate
commerce between Mexico and points
in the United States beyond the municipalities and commercial zones
along the United States-Mexico international border must pass the pre-authorization safety audit under § 365.507
of this subchapter. The Agency will not
issue a USDOT Number until expiration of the protest period provided in
§ 365.115 of this subchapter or—if a protest is received—after FMCSA denies
or rejects the protest.
(ii) A non-North America-domiciled
motor carrier seeking to provide transportation of property or passengers in
interstate commerce within the United
States must pass the pre-authorization
safety audit under § 385.607(c) of this
subchapter. The Agency will not issue
a USDOT Number until expiration of
the protest period provided in § 365.115
of this subchapter or—if a protest is received—after FMCSA denies or rejects
the protest.
(3) The motor carrier must display
the number on each self-propelled
CMV, as defined in § 390.5, along with
the additional information required by
§ 390.21.
(4) The intermodal equipment provider must identify each unit of interchanged intermodal equipment by its
assigned USDOT number.
(i) A motor carrier that registers its
vehicles in a State that participates in
the Performance and Registration Information
Systems
Management
(PRISM) program (authorized under
section 4004 of the Transportation Equity Act for the 21st Century [(Public
Law 105–178, 112 Stat. 107]) is exempt
from the requirements of this section,
provided it files all the required information with the appropriate State office.
[73 FR 76821, Dec. 17, 2008]

§ 390.21 Marking
of
self-propelled
CMVs and intermodal equipment.
(a) General. Every self-propelled CMV
subject to subchapter B of this chapter
must be marked as specified in paragraphs (b), (c), and (d) of this section,
and each unit of intermodal equipment

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Federal Motor Carrier Safety Administration, DOT
interchanged or offered for interchange
to a motor carrier by an intermodal
equipment provider subject to subchapter B of this chapter must be
marked as specified in paragraph (g) of
this section.
(b) Nature of marking. The marking
must display the following information:
(1) The legal name or a single trade
name of the motor carrier operating
the self-propelled CMV, as listed on the
motor carrier identification report
(Form MCS–150) and submitted in accordance with § 390.19.
(2) The identification number issued
by FMCSA to the motor carrier or
intermodal equipment provider, preceded by the letters ‘‘USDOT.’’
(3) If the name of any person other
than the operating carrier appears on
the CMV, the name of the operating
carrier must be followed by the information required by paragraphs (b)(1),
and (2) of this section, and be preceded
by the words ‘‘operated by.’’
(4) Other identifying information
may be displayed on the vehicle if it is
not inconsistent with the information
required by this paragraph.
(5) Each motor carrier shall meet the
following requirements pertaining to
its operation:
(i) All CMVs that are part of a motor
carrier’s existing fleet on July 3, 2000,
and which are marked with an ICCMC
number must come into compliance
with paragraph (b)(2) of this section by
July 3, 2002.
(ii) All CMVs that are part of a motor
carrier’s existing fleet on July 3, 2000,
and which are not marked with the
legal name or a single trade name on
both sides of their CMVs, as shown on
the Motor Carrier Identification Report, Form MCS–150, must come into
compliance with paragraph (b)(1) of
this section by July 5, 2005.
(iii) All CMVs added to a motor carrier’s fleet on or after July 3, 2000,
must meet the requirements of this
section before being put into service
and operating on public ways.
(c) Size, shape, location, and color of
marking. The marking must—
(1) Appear on both sides of the selfpropelled CMV;

§ 390.21

(2) Be in letters that contrast sharply
in color with the background on which
the letters are placed;
(3) Be readily legible, during daylight
hours, from a distance of 50 feet (15.24
meters) while the CMV is stationary;
and
(4) Be kept and maintained in a manner that retains the legibility required
by paragraph (c)(3) of this section.
(d) Construction and durability. The
marking may be painted on the CMV or
may consist of a removable device, if
that device meets the identification
and legibility requirements of paragraph (c) of this section, and such
marking must be maintained as required by paragraph (c)(4) of this section.
(e) Rented CMVs. A motor carrier operating a self-propelled CMV under a
rental agreement having a term not in
excess of 30 calendar days meets the requirements of this section if:
(1) The CMV is marked in accordance
with the provisions of paragraphs (b)
through (d) of this section; or
(2) The CMV is marked as set forth in
paragraph (e)(2)(i) through (iv) of this
section:
(i) The legal name or a single trade
name of the lessor is displayed in accordance with paragraphs (c) and (d) of
this section.
(ii) The lessor’s identification number preceded by the letters ‘‘USDOT’’ is
displayed in accordance with paragraphs (c) and (d) of this section; and
(iii) The rental agreement entered
into by the lessor and the renting
motor carrier conspicuously contains
the following information:
(A) The name and complete physical
address of the principal place of business of the renting motor carrier;
(B) The identification number issued
the renting motor carrier by the
FMCSA, preceded by the letters
‘‘USDOT,’’ if the motor carrier has
been issued such a number. In lieu of
the identification number required in
this paragraph, the following may be
shown in the rental agreement:
(1) Information which indicates
whether the motor carrier is engaged
in ‘‘interstate’’ or ‘‘intrastate’’ commerce; and
(2) Information which indicates
whether the renting motor carrier is

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§ 390.21

49 CFR Ch. III (10–1–11 Edition)

transporting hazardous materials in
the rented CMV;
(C) The sentence: ‘‘This lessor cooperates with all Federal, State, and
local law enforcement officials nationwide to provide the identity of customers who operate this rental CMV’’;
and
(iv) The rental agreement entered
into by the lessor and the renting
motor carrier is carried on the rental
CMV during the full term of the rental
agreement. See the leasing regulations
at 49 CFR 376 for information that
should be included in all leasing documents.
(f) Driveaway services. In driveaway
services, a removable device may be affixed on both sides or at the rear of a
single driven vehicle. In a combination
driveaway operation, the device may be
affixed on both sides of any one unit or
at the rear of the last unit. The removable device must display the legal
name or a single trade name of the
motor carrier and the motor carrier’s
USDOT number.
(g) Intermodal equipment. (1) The requirements for marking intermodal
equipment apply to each intermodal
equipment provider, as defined in
§ 390.5, that interchanges or offers for
interchange intermodal equipment to a
motor carrier.
(2) Each unit of intermodal equipment interchanged or offered for interchange to a motor carrier by an intermodal equipment provider subject to
subchapter B of this chapter must identify the intermodal equipment provider.
(3) The intermodal equipment provider must be identified by its legal
name or a single trade name and the
identification
number
issued
by
FMCSA, preceded by the letters
‘‘USDOT.’’
(4) The intermodal equipment must
be identified as follows, using any one
of the following methods:
(i) The identification marking must
appear on the curb side of the item of
equipment. It must be in letters that
contrast sharply in color with the
background on which the letters are
placed. The letters must be readily legible, during daylight hours, from a distance of 50 feet (15.24 meters) while the
CMV is stationary; and be kept and

maintained in a manner that retains
this legibility; or
(ii) The identification marking must
appear on a label placed upon the curb
side of the item of equipment. The
label must be readily visible and legible to an inspection official during
daylight hours when the vehicle is stationary. The label must be a color that
contrasts sharply with the background
on which it is placed, and the letters
must also contrast sharply in color
with the background of the label. The
label must be kept and maintained in a
manner that retains this legibility; or
(iii) The USDOT number of the intermodal equipment provider must appear
on the interchange agreement so that
it is clearly identifiable to an inspection official. The interchange agreement must include additional information to identify the specific item of
intermodal equipment (such as the VIN
and 4-character SCAC code and 6-digit
unique identifying number); or
(iv) The identification marking must
be shown on a document placed in a
weathertight compartment affixed to
the frame of the item of intermodal
equipment. The color of the letters
used in the document must contrast
sharply in color with the background
of the document. The document must
include additional information to identify the specific item of intermodal
equipment (such as the VIN and 4-character SCAC code and 6-digit unique
identifying number).
(v) The USDOT number of the intermodal equipment provider is maintained in a database that is available
via real-time internet and telephonic
access. The database must:
(A) Identify the name and USDOT
number of the intermodal equipment
provider responsible for the intermodal
equipment, in response to an inquiry
that includes:
(i) Standard Carrier Alpha Code
(SCAC) plus trailing digits, or
(ii) License plate number and State of
license, or
(iii) Vehicle Identification Number
(VIN) of the item of intermodal equipment.
(B) Offer read-only access for inquiries on individual items of intermodal
equipment, without requiring advance

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Federal Motor Carrier Safety Administration, DOT
user registration, a password, or a
usage fee.
[65 FR 35296, June 2, 2000, as amended at 73
FR 76821, Dec. 17, 2008; 74 FR 68708, Dec. 29,
2009]

§ 390.23 Relief from regulations.
(a) Parts 390 through 399 of this chapter shall not apply to any motor carrier or driver operating a commercial
motor vehicle to provide emergency relief during an emergency, subject to
the following time limits:
(1) Regional emergencies. (i) The exemption provided by paragraph (a)(1) of
this section is effective only when:
(A) An emergency has been declared
by the President of the United States,
the Governor of a State, or their authorized representatives having authority to declare emergencies; or
(B) The FMCSA Field Administrator
has declared that a regional emergency
exists which justifies an exemption
from parts 390 through 399 of this chapter.
(ii) Except as provided in § 390.25, this
exemption shall not exceed the duration of the motor carrier’s or driver’s
direct assistance in providing emergency relief, or 30 days from the date of
the initial declaration of the emergency or the exemption from the regulations by the FMCSA Field Administrator, whichever is less.
(2) Local emergencies. (i) The exemption provided by paragraph (a)(2) of
this section is effective only when:
(A) An emergency has been declared
by a Federal, State or local government official having authority to declare an emergency; or
(B) The FMCSA Field Administrator
has declared that a local emergency exists which justifies an exemption from
parts 390 through 399 of this chapter.
(ii) This exemption shall not exceed
the duration of the motor carrier’s or
driver’s direct assistance in providing
emergency relief, or 5 days from the
date of the initial declaration of the
emergency or the exemption from the
regulations by the FMCSA Field Administrator, whichever is less.
(3) Tow trucks responding to emergencies. (i) The exemption provided by
paragraph (a)(3) of this section is effective only when a request has been made
by a Federal, State or local police offi-

§ 390.23

cer for tow trucks to move wrecked or
disabled motor vehicles.
(ii) This exemption shall not exceed
the length of the motor carrier’s or
driver’s direct assistance in providing
emergency relief, or 24 hours from the
time of the initial request for assistance by the Federal, State or local police officer, whichever is less.
(b) Upon termination of direct assistance to the regional or local emergency relief effort, the motor carrier or
driver is subject to the requirements of
parts 390 through 399 of this chapter,
with the following exception: A driver
may return empty to the motor carrier’s terminal or the driver’s normal
work reporting location without complying with parts 390 through 399 of
this chapter. However, a driver who informs the motor carrier that he or she
needs immediate rest must be permitted at least 10 consecutive hours off
duty before the driver is required to return to such terminal or location. Having returned to the terminal or other
location, the driver must be relieved of
all duty and responsibilities. Direct assistance terminates when a driver or
commercial motor vehicle is used in
interstate commerce to transport
cargo not destined for the emergency
relief effort, or when the motor carrier
dispatches such driver or commercial
motor vehicle to another location to
begin operations in commerce.
(c) When the driver has been relieved
of all duty and responsibilities upon
termination of direct assistance to a
regional or local emergency relief effort, no motor carrier shall permit or
require any driver used by it to drive
nor shall any such driver drive in commerce until:
(1) The driver has met the requirements of §§ 395.3(a) and 395.5(a) of this
chapter; and
(2) The driver has had at least 34 consecutive hours off-duty when:
(i) The driver has been on duty for
more than 60 hours in any 7 consecutive days at the time the driver is relieved of all duty if the employing
motor carrier does not operate every
day in the week, or
(ii) The driver has been on duty for
more than 70 hours in any 8 consecutive days at the time the driver is relieved of all duty if the employing

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